HomeMy WebLinkAboutC32400 - CA1 Extend Loan Period - Large Steel RootCITY OF PALM DESERT )(-
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: APPROVE CONTRACT AMENDMENT NO. 1 WITH MELISSA
MORGAN FINE ART AND ARTIST STEVE TOBIN TO EXTEND THE
TEMPORARY EXHIBITION OF LOAN PERIOD FOR THE
SCULPTURE LARGE STEEL ROOT (CONTRACT NO. C32400).
SUBMITTED BY: Deborah Schwartz Glickman, Management Analyst
DATE: January 22, 2015
CONTENTS: Contract Amendment No. 1 to Contract Number C32400
Contract Number C32400
Image of Large Steel Root in current location
Recommendation
By Minute Motion: Approve Contract Amendment No. 1 with Melissa Morgan
Fine Art and artist Steve Tobin to extend the temporary exhibition of Large
Steel Root currently installed in Civic Center (Contract No. C32400), and
authorize Mayor to execute same.
Background
On November 15, 2012, City Council approved a two year, temporary loan of the Large
Steel Root by Steve Tobin from the artist and Melissa Morgan Fine Art. Subsequent to
the approval of the loan, the sculpture was installed in the Civic Center and has been
well received by the public. The temporary exhibition period, as per the contract, was
December 17, 2012 — December 17, 2014. Due to the positive response to the
sculpture, staff recommends extending the exhibition period for one year. Melissa
Morgan Fine Art and Steve Tobin have indicated that they are also in favor of the
exhibition extension. Therefore, staff requests that the City's agreement with Melissa
Morgan Fine Art and Steve Tobin be extended until January 22, 2016.
Staff Report
AIPP Large Steel Root Amendment No. 1
Page 2 of 3
January 22, 2015
Fiscal Analysis
There is no additional financial obligation as a result of the amendment.
Submitted By:
Deborah Schwartz Glickman
Management Analyst
Approval:
n M. Wohlmuth, City Manager
Department Head:
75
Lauri Aylaian,
Director of Community Development
Contract No. C32401
CONTRACT AMENDMENT NO. 1 FOR
AGREEMENT FOR TEMPORARY PUBLIC EXHIBITION OF SCULPTURE
THIS CONTRACT AMENDMENT NO. 1 (herein "Amendment") is made and entered
into this 22nd day of January 2015, by and between the City of Palm Desert, California
("CITY"), Melissa Morgan Fine Art ("Gallery") and Steve Tobin ("ARTIST"), for display of
an artwork entitled "Large Steel Roof' and also known as "Big, Big Root' (the
"Sculpture") in the City of Palm Desert's Civic Center.
NOW, THEREFORE, the parties hereto agree as follows:
A. Recitals B-4. Exhibition Period is amended to change the date through which
Sculpture shall remain on temporary public exhibition with all of the obligations under
Contract No. C32401 to January 22, 2016:
"The Exhibition Period may be shortened or extended in duration by mutual
agreement between Gallery, Artist, and City. Notwithstanding the foregoing, City
reserves the right, in its sole discretion and with or without cause, to decline or
terminate exhibition at any time."
B. All other terms and conditions of the Agreement, as amended, shall remain
unchanged and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed and entered into this Amendment
as of the date first written above.
CITY OF PALM DESERT
SUSAN MARIE WEBER, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
Contract No. C32401
DAVID J. ERWIN, CITY ATTORNEY
ARTIST:
Dated:
GALLERY REPRESENTATIVE
[printed name and title]
Melissa Morgan Fine Art
73040 El Paseo
Palm Desert CA 92260
Dated:
ARTIST
[printed name and title]
Steve Tobin
c/o Melissa Morgan Fine Art
73040 El Paseo
Palm Desert CA 92260
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C32400
AGREEMENT FOR TEMPORARY PUBLIC EXHIBITION OF SCULPTURE
This Agreement is entered into this 15th day of November 2012, by and between the
City of Palm Desert, California ("CITY"), Melissa Morgan Fine Art ("Gallery") and Steve
Tobin ("ARTIST"), for display of an artwork entitled "Large Steel Root" and also known
as "Big, Big Root' (the "Sculpture") in the City of Palm Desert's Civic Center Park.
RECITALS
A. The Gallery and Artist desire to loan the Sculpture to the City for public display;
and
B. The Art in Public Places Commission and the Palm Desert City Council have
approved a temporary exhibition of the Sculpture in a public place located in Civic
Center Park ("Exhibition Site").
THEREFORE, for good and valuable consideration, including, without limitation,
the mutual promises, conditions, and agreements set forth herein, the City, Gallery and
Artist agree as follows:
1. Ownership
Except as provided in Section 2, below, the Sculpture will remain the property of
the Gallery or Artist. However, by virtue of this Agreement, City is entitled to
possession, and the Gallery and Artist agree to relinquish possession of the Sculpture
for the "Exhibition Period" described in Section 4, below.
2. Sale of Sculpture
Gallery or Artist may sell the Sculpture during the term of this Agreement and, if
sold, may assign his or her rights under this Agreement. However, under no
circumstances shall sale of the Sculpture terminate this Agreement or adversely affect
City's rights hereunder including, but not limited to, City's right of possession. Gallery or
Artist shall notify City immediately upon sale of the Sculpture and include instruction
regarding the party to whom the sculpture should be released. Regardless of sale,
artwork must remain on its site for no less one (1) year and no more than two (2) years
from the date of installation. Removal of the artwork from Exhibition Site is the sole
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3
C32400
financial responsibility of the City. The City must be notified at least two (2) weeks prior
to removal in order to facilitate work orders for removal of the sculpture.
3. Reproduction Rights
Gallery and Artist hereby grant City, in perpetuity, the right to photograph, film,
videotape, or otherwise depict the Sculpture at any time during the Exhibition Period
and to use such photographs, film, videotapes, or depictions at any time thereafter for
purposes of promotion relating to the Exhibition or the City, provided that City gives
artistic credit to the Artist concurrently with such uses.
4. Exhibition Period
The "Exhibition Period" means a period during the approximate dates of
December 17, 2012, and ending on December 17, 2014. The Exhibition Period may be
shortened or extended in duration by mutual agreement between Gallery, Artist, and
City. Notwithstanding the foregoing, City reserves the right, in its sole discretion and
with or without cause, to decline or terminate exhibition at any time.
5. Transportation, Installation, Maintenance, and Removal
5.1 Transportation of the Sculpture to and from the Exhibition Site shall
be the responsibility of Galley or Artist. City shall bear the crane cost of removal
of sculpture from current location and installation and removal at Exhibition Site.
"Reasonable Cost" means those sums set forth in Attachment "A", which is
attached hereto and incorporated by this reference. Gallery or Artist will be
responsible for supplying a truck for transportation to Exhibition Site. Once the
Sculpture is removed from the Exhibition Site, it is solely the responsibility of the
Gallery or Artist.
5.2 During the Exhibition Period, City shall be responsible for the
maintenance of the Sculpture. City shall take reasonable steps to utilize the
maintenance procedures and/or methods described by Gallery or Artist and set
forth on Attachment "A", which is attached hereto and incorporated herein by this
reference, but City reserves the right to decline implementation of any or all, or
any part thereof, of such procedures and/or methods if circumstances, including
but not limited to considerations of cost, render such implementation
unreasonable. In the event City declines to implement such procedures and/or
2
C32400
methods, Gallery or Artist may undertake such procedures and/or methods at
Gallery's or Artist's sole expense.
6. Liability for Damage or Injury
6.1 City shall insure the. Sculpture against damage or loss in the
amount of three hundred twenty thousand dollars and no/100ths ($320,000.00),
which the parties agree is the fair market value of the Sculpture and the extent of
the City's liability in the event of its damage or loss.
6.2 City's obligation to provide insurance is solely for the duration of the
Exhibition Period and only while the Sculpture is located on Exhibition Site.
Gallery and Artist are responsible and liable for any damage or destruction that
may occur during transportation of the Sculpture to and/or from the Exhibition
Site, and during installation and deinstallation if Gallery or Artist is performing the
installation and deinstallation.
6.3 Gallery and Artist shall indemnify and hold City harmless from any
and all claims, losses, damages, injuries, and/or liabilities, of any kind
whatsoever, including reasonable attorneys fees and costs, arising out of or
related to the transportation, installation and/or deinstallation of the Sculpture if
Gallery or Artist is performing the installation and deinstallation. Gallery and
Artist shall further indemnify and hold City harmless from any and all claims,
losses, damages, injuries and/or liabilities, of any kind whatsoever, including
reasonable attorneys fees and costs, arising out of or related to defects of the
Sculpture, faulty workmanship of the Artist, or any acts of negligence by Galley,
Artist or Gallery or Artist's agents.
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C32400
7. Entire Agreement
This Agreement represents the entire Agreement between City, Gallery, and
Artist and no other representations, whether oral, written or implied, have been made
nor may be relied upon by either City, Gallery, or Artist. This Agreement may be
modified only by writing made after the date of this Agreement and signed by both City
and Artist.
8. Governing Law
This Agreement is entered into in and shall be governed by the laws of the State
of California.
9. Death of Artist
In the event of Artist's death during the Exhibition Period, next of kin must
contact City and provide name, address, and phone number of party who will be
responsible for the sculpture for the remainder of the Exhibition Period. In the event of
Gallery's closure, artwork will be returned to Artist at his sole expense.
CITY OF PALM DESERT
Dated:�11
or, City of Pam Desert
ATTEST:
4
C32400
ARTIST:
Dated: Z
Gallery Re resentative
yc1\ ( f1 C,�, \,'j a � e 11 1��,Vvws-,Q--
[printed name and title]
Melissa Morgan Fine Art
73040 El Paseo
Palm Desert CA 92260
Artist
[printed name and title]
Steve Tobin
c/o Melissa Morgan Fine Art
73040 El Paseo
Palm Desert CA 92260
APPROVED AS TO FORM:
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COMMONWEALTH OF PENNSYLVANIA
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WITNESS my
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and could prevent fraudulent removal and reattachment of this form to another documenQ
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C32400
ATTACHMENT A: Transportation, Installation, Maintenance, and Removal
Methods and Associated Cost
Artwork Transportation
Installation/deinstallation coordinated and performed by City of Palm Desert. The City
is responsible for the crane costs associated with removing Sculpture from its current
location and placing it at Exhibition Site. Gallery or Artist is responsible for transporting
Sculpture to Exhibition Site.
Maintenance Requirements and Procedures
Artist and Gallery specify maintenance procedures or methods to be followed by the
City to maintain the artwork titled "Large Steel Root' and also known as "Big, Big Root"
as presented by Artist Steve Tobin. Specifics are as follows:
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